Unlawful Act Manslaughter Flashcards
R v church
D knocked v unconscious and threw body into river.
Held that whilst there was errors in Jude’s direction, guilty of manslaughter.
Franklin
D took box and threw it into sea which killed v who was swimming.
Held the unlawful act must be a criminal act not a civil wrong
Lamb
2 boys played with revolver and believed it would not fire. 1 was killed.
Held as v shared the joke and did not feel threatened there was no assault and hence no UAM. There was no apprehension
Lowe
D neglected his child causing death.
Held there must be an unlawful act, can not be commuted by an omission.
Larkin
D waved razor about intending to frighten mistresses lover. Claimed his mistress blundered against razor and died.
Held that a reasonable person would see it as dangerous
Good fellow
D wished to move from council house so he set it on fire. His wife son and another died.
Held there was no requirment that the unlawful act was directed at the v’s or a person.
JM&SM
D had fight with bouncer who had heart problems and died.
Held that a sober and reasonable person must foresee some harm but not harm caused
Dawson
D robbed v’s patrol station wearing masks and had a replica gun. When v pushed alarm they fled and v who had heart condition died.
Held reasonable person wouldn’t have known about the condition and attempted robbery was not categorised as dangerous
Watson
D threw a brick through the v’s window who had heart condition. After verbally abusing V they left and she died of heart attack
Held that a sober and reasonable person would regard that act of D as dangerous and they would have known of the age and frail condition of V
Burstow, Dunn and delay
V interfeared when a group of burglars were in his garage. During their escape v ran over.
Held burglary is an unlawful act
Mitchell
D tried to jump the q in post office. Another man objected causing D to hit him making others fall including an elderly women who broke femur and died
Held there was no requirment that unlawful act must be directed at the v
Newbury and Jones
D’s threw slab off bridge as train approached, which killed v. It was held that there is no requirment that the D foresees the harm
Carey and others
V just ran 100m away from D after a bullying incident, he then died of ventricular fibrillation caused by run.
Held If d commits and unlawful act which is dangerous and is recognised subjecting v to the risk of physical harm causing death
Lynch
D assaulted V leading to death as v suffered from heart condition which d was unaware of m.
Held physical assault was not cause of death
